The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-07-23
THE GOVERNMENT CAN BE SUED.
A Great Change Made in the Law to
That Effect.
From the Baltimore american.

From the Baltimore american.
Mr.. Thomas G. Hayes, United States Dis
trict Attorney, yesterday called the sat
tention of an american reporter to an
act of Congress, passed at the close of the
last session, which has never been specially
brought to the attention Of the public, but
which is of great Importance. 1t is a radical
departure from the time hOnOred rule that a
sovereign power or State can not be sued
by an individual, since it gives the right to
any citizen to sue the general government
and is privilege granted by no State in
the Union to-day Not only that, but the
citizen can sue at his own home, instead of
at Washington.
By an act of Congress approved March 3,
1887, entitled AN act to provide for the
bringing of suits against the government of
the United States, it is provided ~ that the
Court of Claims shall have jurisdiction to
hear and determine all claims founded upon
the constitution or any law of Congress,
except for pensions, or upon any regulation
Of an executive department, or upon any
contract, expressed or implied with the
government, or for damages, Iquidated
or unliquidated, in cases not sounding in
tort, in respect to which claims the party
would be entitled to redress against the
United States either in a court of law,
equity or admiralty if the United States
were suable; provided, however, that
nothing in his section shall be construed as
giving to either of the courts herein
mentioned jurisdiction to hear and deter
mine claims growing out of the late civil
war, and commonly known as war claims"
or to hear and determine other claims
which have heretofore been rejected or re-
ported adversely upon by any court,
department or commission authorized to
near and determine the same Ali Set-Oifs,
counter-claims, claims for damages, whether
nquldated, or unliquidated, or other demands
on the part Of the government against any
Claimant against the government, shall be
heard IN this court, provided that no SUIT
against the government shall be allowed
under this act unless the same shall have
Deem brought within six years after the
right accrued for which the claims are made.
The District Court of the United States
snail have concurrent jurisdiction with the
court OF Claims as to all matters named IN
The preceding section, where the amount
OF The claim does not exceed 81 900, and
The Circuit Courts of the United States
snail have concurrent jurisdiction in all
eTsseS where the amount of such claim ex-
ceeds 81 900 and does not exceed $1,000.
All cases brought and tried under the
provisions of this act shall be tried by the
Court without jury"
=, heretofore, in all disputed claims against
the government, the citizen was Obliged to
Me claim in the Court of Claims at
Washington, and there await the tardy
action of that court, necessarily tardy on
account of business constantly accumulat-
iing on its hands. According to the law as
II now stands, John Smith can enter suit
against the United States just the same as
ne would a suit against John Jones, either III
IIp District or IF tbn IInifo6
states in the district of which he is a citizen,
and according 20 the amount of his claim
That is to say, if within 81 600, in the
District Court; or, if upwards of 81, 900 and
Tnder 1000, i'll the Circuit Court OF the
United States.